review of potting definitions - Ministry of Fisheries

pots would catch rock lobster. However, Option 3 is a permissive approach to
potting authorisation that aims to reduce constraints on utilisation to the extent
possible. Under Option 3, the risk of additional pots deployed in rock lobster
habitat may be mitigated somewhat since fishers who catch rock lobsters in
non-rock lobster pots may return rock lobsters to sea if they are likely to
survive, subject to the provisions in Schedule 6 of the Act and the regulations.
Fishers also may not take rock lobster unless they hold at least three tonnes of
red rock lobster annual catch entitlement (Section 74 of the Fisheries Act),
which would provide a strong incentive for pot fishers in non-rock lobster
fisheries to avoid red rock lobster bycatch to the extent possible.
100 It is unknown whether the potential for increased rock lobster catch would
affect rock lobster stocks, so MFish would closely monitor the development of
the snapper potting fishery with respect to levels of rock lobster bycatch. As
discussed for the impacts of Option 3 on snapper fisheries, pot specifications
could be developed in the future, and these specifications should limit
interactions with rock lobster fisheries to the extent possible.
101 Octopus and blue cod – MFish considers the octopus fishery would have
minimal impact on the rock lobster fisheries if appropriate pot specifications
are developed. Option 3 proposes the same octopus pot specification found in
Option 2, which would require that any pot openings be blocked in such a way
that octopus must force their way through the opening.
102 MFish considers that current blue cod fisheries do not negatively impact on
existing rock lobster fisheries. MFish anticipates that potting for blue cod
would not increase substantially with Option 3, but would likely continue
current practices.
103 Paddle crabs, deepwater crabs and hagfish – As discussed in the
assessment for Options 2, MFish considers the impact on rock lobster fisheries
is minimal since the fishing areas do not overlap with rock lobster catch areas.
104 All other potting fisheries – Option 3 would authorise potting for all other
species so the effects on rock lobster fisheries would be unknown. MFish
would monitor ongoing development of these fisheries and take action where
necessary.
Impacts on Compliance strategies
105 Option 3 has the identical compliance impacts as Option 2; it explicitly
authorises potting for all species and eliminates regulatory ambiguity
regarding the lawful use of pots for other target species. For the additional
specifications that are established with this action (BCO 1, 2, 3, 4, 7 and 8 and
octopus) MFish would need to monitor, confirm compliance with, and enforce
such specifications within existing compliance activities in those fisheries.
Other Management Controls
106 MFish would develop offences and penalties for breaches of the additional pot
specification requirements that would be developed in the commercial and
amateur regulations as an outcome of this proposed action.